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Appellate
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April 22, 2024
Supreme Court Will Hear Feds' Ghost Guns Ban Appeal
The Supreme Court on Monday agreed to hear an appeal from the federal government seeking to block an injunction excluding two companies from a rule classifying so-called ghost gun kits as firearms.
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April 22, 2024
Justices Skip How Mid-Litigation Changes Affect Standing
The U.S. Supreme Court on Monday left in place a Third Circuit ruling that plaintiffs must reestablish standing when defendants cause circumstances to change mid-litigation, ending a Pennsylvania attorney's challenge to the state's new anti-bias and harassment professional conduct rule.
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April 22, 2024
Supreme Court Denies Amazon Bid To Review Arbitration Scope
The U.S. Supreme Court on Monday denied Amazon's bid to review a Ninth Circuit decision on whether last-mile delivery drivers are exempt from the Federal Arbitration Act.
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April 22, 2024
Justices Won't Probe Athlete's Interest In NCAA Eligibility
The U.S. Supreme Court on Monday left in place a Fourth Circuit decision finding student athletes lack a business or property interest in their eligibility to play on the college level even though they can now be compensated for it.
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April 22, 2024
Justices Won't Hear Bakery's Arbitration Exemption Case
The U.S. Supreme Court on Monday declined to again examine a carveout to a federal arbitration law for interstate transportation workers, in a case involving baked goods delivery drivers, after already issuing a decision in a similar case.
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April 22, 2024
Justices Won't Weigh If Domino's Drivers Arbitration-Exempt
The U.S. Supreme Court on Monday passed on reviewing whether Domino's Pizza truck drivers are interstate transportation workers who are exempt from federal arbitration requirements, declining to pave the way for a ruling that could have expanded or narrowed the arbitration carveout.
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April 22, 2024
Supreme Court Won't Review Vanda's IP Obviousness Appeal
The U.S. Supreme Court on Monday rejected Vanda Pharmaceuticals Inc.'s request for review of how the Federal Circuit is deciding whether patents are invalid as obvious, ending the company's attempt to revive patents covering its sleep disorder drug Hetlioz.
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April 19, 2024
CFPB Seeks 5th Circ. Do-Over In Credit Card Late Fee Case
The Consumer Financial Protection Bureau is pushing for the Fifth Circuit to reconsider its rejection of a transfer out of Texas for a lawsuit challenging the agency's $8 credit card late fee rule, warning the decision was wrong on key facts and could prove a "boon for forum-shopping plaintiffs" if left in place.
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April 19, 2024
A Cannabis Constitutional Fight, And The Calif. Atty Behind It
Federal appellate courts are mulling multiple challenges to state and local cannabis licensure programs, all brought by one California-based attorney and each alleging that the dormant commerce clause of the U.S. Constitution must apply to federally illegal marijuana.
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April 19, 2024
Feds Say Texas' Reliance On Justices In SB 4 Case Is Misplaced
The U.S. Department of Justice told the Fifth Circuit on Friday that contrary to Texas' contention, two recent U.S. Supreme Court decisions don't knock down a district court injunction stopping Texas officials from arresting and deporting migrants suspected of crossing the border without authorization.
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April 19, 2024
Uber, Lyft Ask Justices To Review Calif. Arbitration 'Loophole'
Uber Technologies and Lyft Inc. asked the U.S. Supreme Court to review a California appellate court's decision rejecting their efforts to force into arbitration coordinated litigation alleging they misclassified drivers as independent contractors, saying the Golden State is trying to "create a loophole" in the Federal Arbitration Act.
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April 19, 2024
Panel Voices Concern Over Prior-Convictions Evidence Rule
A federal judicial committee overseeing evidence rules on Friday grappled with ideas to fix a rule broadly allowing defendants to be cross-examined regarding their prior convictions, with the group's research chair noting the directive is often misapplied.
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April 19, 2024
Ga. Judges Find No 'Magic Wand' For Voting Rights Suits
In a series of recent trials challenging Georgia’s election laws, federal judges have shown a reluctance to dictate sweeping changes to state voting protocols, preferring to tinker around the edges while leaving broad policymaking up to legislative officials.
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April 19, 2024
5th Circ. Revives Six Flags Investor Suit Again
The Fifth Circuit has once again restored a securities fraud class action against Six Flags over the amusement corporation's botched plans to expand in China, saying the lower court inappropriately decided the lead plaintiff lacked standing and wrongly denied another plaintiff a chance to lead the suit.
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April 19, 2024
Dr. Says Colo. Plaintiffs Bar Trying To Open Tort Floodgates
A doctor is asking the Colorado Supreme Court to scuttle a proposed ballot initiative that would remove noneconomic damages caps for certain claims, arguing that the measure is unconstitutionally broad and would turn the state into "one of the most plaintiff-friendly jurisdictions in the country."
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April 19, 2024
Banking Boss Seeks First Bite In Lawyer-Linked Debt Services
Connecticut's banking commissioner says a trial court judge misapplied case law by sidelining his authority to investigate complaints against a debt collection operation attached to a law firm, saying his office should be the first to decide whether he or the judicial branch has authority over the matter.
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April 19, 2024
Investor Suit Over Intel's Chip Production Won't Be Rebooted
The Ninth Circuit on Friday upheld a federal district court's dismissal of a proposed class action against Intel that alleged the tech giant hid problems with the production of its highly anticipated new computer processors, ruling the suit fails to show the defendants knew the company would miss the projected product release date.
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April 19, 2024
PE Exec Can Recoup $1M 'Varsity Blues' Forfeiture
A private equity executive whose conviction in the "Varsity Blues" college admissions case was almost entirely wiped out by the First Circuit is entitled to a refund of $1 million he paid to the scheme's ringleader, a federal judge ruled Friday.
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April 19, 2024
DC Circ. Won't Reverse Wash. Tribe's Recognition Order
A D.C. Circuit panel has rejected a bid by a Washington tribe to vacate an order denying it federal recognition for the fourth time while barring it from raising any further jurisdictional arguments to collaterally attack a lower court's dismissal of the case.
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April 19, 2024
Texas Justices Open Door To Axing $14M Truck Crash Verdict
What started as a monster $80 million trucking crash verdict but later was reduced to $13.7 million was put in further jeopardy Friday when the Texas Supreme Court found that a lower appeals court erroneously declined to hear challenges to how the injured truck driver's employment status was determined.
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April 19, 2024
DC Circ. Backs GOP Operative's Election Finance Conviction
The D.C. Circuit on Friday upheld a political operative's conviction for illegally funneling money from a Russian businessman into Donald Trump's 2016 presidential campaign, ruling that a law enacted in the wake of the Enron accounting scandal can be used to prosecute certain campaign finance crimes.
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April 19, 2024
Sentence For Pandemic Funds Theft Seems To Split 2nd Circ.
A three-judge panel of Second Circuit jurists seemed split Friday over whether a Connecticut man's eight-year prison sentence for stealing COVID-19 funds from the city of West Haven was too harsh, with one judge expressing skepticism and two hinting it was likely appropriate.
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April 19, 2024
Vegas Paper Wants Antitrust Suit Paused For Appeal
The Las Vegas Review-Journal asked a Nevada federal judge to pause the Las Vegas Sun's antitrust suit against it, pending an appeal to the Ninth Circuit over the core agreement between the papers that the Review-Journal says the judge wrongly cleared.
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April 19, 2024
Justices Seek Cornell's Response To ERISA Fee Suit Petition
The U.S. Supreme Court asked Cornell University to respond to a March petition by a group of current and former workers seeking to revive a class action against the university alleging retirees' savings were saddled with unnecessarily high fees, in a sign that the case has drawn the justices' attention.
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April 19, 2024
Mich. Panel Backs GM's Win In Supplier Pricing Spat
A Michigan appellate panel has refused to reinstate a supplier's lawsuit claiming General Motors underpaid for five years' worth of deliveries, saying Semco Inc. didn't have the written evidence needed to hold GM to a promise to rectify the alleged shortfalls.
Expert Analysis
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Insured Takeaways From 10th Circ. Interrelated Claims Ruling
The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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Patent Prosecution Carries Consequences For Later Litigation
The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.
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Perspectives
Justices May Clarify Expert Witness Confrontation Confusion
After oral arguments in Smith v. Arizona, the U.S. Supreme Court seems poised to hold that expert witness opinions that rely on out-of-court testimonial statements for their factual basis are unconstitutional, thus resolving some of the complications created by the court’s confrontation clause jurisprudence, says Richard Friedman at the University of Michigan Law School.
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Uncharted Waters Ahead For FCA Litigation In 2024
Following a year of significant court decisions, settlements, recoveries and proposed amendments, 2024 promises to be a lively year for False Claims Act actions and litigation, and one that will hopefully provide more clarity as FCA jurisprudence evolves, say attorneys at Crowell & Moring.
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ERISA Litigation Faces New Frontiers In 2024
As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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Opinion
Why Justices Should Protect Public From Bump Stocks
In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Supreme Court Amgen Ruling's Major Effect On Enablement
The U.S. Supreme Court's Amgen v. Sanofi invalidity holding continues to significantly affect technologies and all aspects of the patent system by providing confidence in the Federal Circuit's approach and a clearer understanding on enforceability and the disclosure needed for compliance, say Irena Royzman and Daniel Williams at Kramer Levin.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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The 5 Most Important Bid Protest Decisions Of 2023
Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.
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Fed. Circ. Cellect Ruling Triggers Significant Patent Risk
A recent data analysis shows that the Federal Circuit's decision of patent invalidity in Cellect presents a significant risk to patent holders with subsequent child applications, which may be unpatentable under the judicially created doctrine of obvious-type double patenting, says Curtis Altmann at Hoffmann & Baron.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.